Tentative court ruling stops CARBís cap-and-trade program

By CMTA Staff

Capitol Update, Feb. 4, 2011 Share this on FacebookTweet thisEmail this to a friend

A tentative State court decision has ruled that California’s Air Resources Board (CARB) should halt implementation of the scoping plan for its greenhouse gas (GHG) program.

The court found that CARB failed to adequately discuss and analyze the impacts of alternatives in its proposed Scoping Plan as required by its CEQA implementing regulations. An environmental review should have been completed before CARB approved the Scoping Plan.

It is unclear how the court decision will impact progress on implementation of the cap-and-trade regulation adopted by CARB last December. The cap-and-trade market will begin January 2012.

The court ruling activated a 15-day period where lawsuit opponents and proponents could file objections which will be considered before the Superior Court issues a final decision in the case.

To see the full court decision: www.cmta.net/pdfs/AIRvCARB_Temp_Decision_012411.pdf

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